Balendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51899 of 2021 Arising Out of PS. Case No.-45 Year-2019 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== BALENDRA RAI Son of Resident of Village - Murabaatpur, P.S. - Deshri, District - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nisha Kumar Wife of Balendra Rai Age about 23 years, Resident of Village - Murabaatpur, P.S. - Deshri, District - Vaishali at present daughter of Jaglal Singh, Resident of Village - Mathura, P.S.- Bidupur, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. C1-45/19 instituted for the offence under Sections 498(A), 323 and 504 of the Indian Penal Code. This case relates to torture and harassment due to nonfulfillment of two lac rupees as further dowry demand and finally husband of the complainant and his family members

Patna High Court CR. MISC. No.51899 of 2021(2) dt.06-04-2022 2/3 ousted her from matrimonial home on 25.12.2018 after snatching her belongings.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. He has never demanded any thing from the complainant. It is further submitted by learned counsel for the petitioner that petitioner is ready to keep his wife with full honour and dignity.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. C1-45/19 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-15 Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. If the complainant wishes to live with the petitioner, she will file a petition before learned Court below. On receiving such a petition, the Court below shall issue notice to the petitioner, when it is expected from the petitioner to comply the

Patna High Court CR. MISC. No.51899 of 2021(2) dt.06-04-2022 3/3 undertaking given before this Court to keep the complainant as wife with full dignity and honour.

(Sunil Kumar Panwar, J) sushma/- U